Brussels 14/05/2009 (Agence Europe) - The European Commission said on Tuesday 12 May that “one of the possible solutions” to the issue of Italy's returning immigrants to Libya would be for Tripoli to handle asylum seekers itself. “Vice-President Jacques Barrot has called on all European countries and especially those most affected by migratory flows to join with the Commission and the UNHCR (United Nations High Commission for Refugees) to help Libya implement the African Convention which brings in obligations on the right of asylum,” said Michele Cercone, spokesman for Immigration Commissioner Barrot. “The right of asylum applies in both Europe and Africa. We have to try to have asylum requests dealt with directly in Libya,” he said, stating that the commissioner was ready to travel to Libya to discuss the matter. In only a few days, over 500 illegal immigrants picked up at sea by Italian coastguards have been taken back to Libya under the terms of “treaty of friendship” signed between Libya and Italy in August 2008 (see EUROPE 9899). This forced repatriation has drawn sharp reactions of concern from the United Nations and the Council of Europe Human Rights Commissioner.
A “complex” situation. For the moment, “the priority is to save lives, and saving lives begins with stopping people setting out. … Coastal surveillance to prevent vessels setting sail and to come to the aid of those in danger is a possible solution,” Cercone said. He declined, however, to state the view of the Commission, as Guardian of the Treaties, on the return to Libya of migrants picked up in the middle of the Mediterranean. “We will gather all the information necessary from the countries involved,” he commented simply. Commission spokesman Johannes Laitenberger added: “No one is claiming that it is not a serious problem, but this is a complex legal issue the answer to which is not simple. At this moment, we are not in a position to be able to say categorically what the situation is”. In addition to the factual details from the countries involved, the Commission is awaiting the outcome of the political debate on managing migratory flows, at the Justice and Home Affairs Council on 5 June.
Asylum in Libya: a “black hole”. On Tuesday 12 May, the UNHCR sent a letter to the Italian government calling on it to take in asylum seekers sent back to Libya, which is not a signatory of the Geneva Convention on Refugees (1951). According to the UNHCR, several people among the 500 plus migrants returned to Libya have been identified as asylum seekers, mainly from Somalia and Eritrea. In 2008, 75% of immigrants arriving in Italy by sea asked for political asylum and 50% of these requests were agreed, the UNHCR says. “It is imperative that a solution be found to make sure that immigration control measures do not prevent people who need it from receiving international protection,” said Gilles Van Moortel of the UNHCR Office in, Brussels. The Convention of the Organisation of African Unity (OAU), governing the specific aspects of refugee problems in Africa, has been signed by Libya. “But although Libya is abiding by the principles, it is in practice that problems arise,” said Van Moortel. He went on: “Libya does not have either a national asylum system in place that can deliver refugees' rights, or any way of accepting political refugees. It is also difficult to make contact with people needing international protection because we have no host agreement with Libya”. Libya is a “black hole” in asylum terms, he said. “It is for that reason that we want a clear answer from the EU to this issue that affects Europe, but goes far beyond, because we mustn't forget that third countries look at the EU as an example,” he stated, going on, “What is the point of putting in place a European asylum system if it is never used?” (B.C./transl.rt)